A recent study highlights the lack of understanding among legal professionals about how to support clients living with dementia and outlines the skills needed to better assist them. Dementia affects more than 55 million people worldwide and is the leading cause of death in Australia. Without proper legal guidance, individuals with dementia may miss the chance to create essential plans, which can lead to family conflicts and financial abuse. The research, led by Professor Nola Ries from the University of Technology Sydney (UTS) and Karen Donner, a doctoral candidate and lawyer, is the first to explore how well legal professionals understand dementia. It draws on the experiences of lawyers, people with dementia, and their caregivers.
Australia has a National Dementia Action Plan, which includes improving dementia awareness and skills among professionals as a key goal. Legal planning is a vital part of caring for someone with dementia, allowing them to maintain control over their future decisions, including finances, health, living arrangements, and end-of-life care. Being "dementia-capable" means professionals have the knowledge, skills, and attitudes needed to support people with dementia and their caregivers, who may act as legal representatives, such as in financial or medical decision-making.
The study, published in the International Journal of the Legal Profession, identified five essential areas for legal practitioners: knowledge about dementia, understanding legal rights and risks, assessing capacity, communication, and advocacy. However, the research also found that even experienced lawyers often lack knowledge about different types of dementia and the difference between a diagnosis and a person’s legal capacity. One major concern was the tendency to assume that a dementia diagnosis automatically means someone is not legally capable, which can prevent them from making important legal plans due to fears about legal consequences.
Researchers are now working with Dementia Australia to provide training for legal professionals and are hosting free webinars that include input from people living with dementia. Lawyer Mark Minarelli, who increasingly sees friends and clients dealing with dementia, emphasizes the need for lawyers to move beyond traditional roles and become part of the support system for people with dementia and their families. He believes legal professionals should not only focus on determining legal capacity but also understand the broader challenges of living with dementia, offering support rather than just providing documents.
Study Highlights Legal Profession's Need for Dementia Awareness and Training
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Original sources:
- 🇺🇸Phys.org



